Text
1. Regarding the accident described in the attached list, damages against the Defendant (Counterclaim Defendant) of the Plaintiff (Counterclaim Defendant) are assessed against him.
Reasons
A principal lawsuit and a counterclaim shall be deemed simultaneously.
1. Occurrence of liability for damages;
A. On August 23, 2009, Nonparty B: (a) around 20:30 on August 23, 2009, Nonparty B is a D vehicle owned by Nonparty C (hereinafter “Plaintiff vehicle”).
(B) The Defendant’s bicycle Hand, who driven and driven the F-ro in Daegu Southern-gu E, proceeded from the G market room to the H school room and stopped in order to get off the passenger. The Defendant’s bicycle Hand, who was driving a bicycle on the right side of the road after the end of the end of the vehicle, taken off the part of the Defendant’s bicycle Hand, driving a bicycle on the right side of the road from the back of the back of the vehicle to the end of the vehicle (hereinafter “instant accident”).
(2) Due to the instant accident, the Defendant suffered injuries, such as salt, saves, etc.
3) The Plaintiff is an insurer who entered into an automobile comprehensive insurance contract with C as the owner of the Plaintiff’s vehicle. [Grounds for recognition] without dispute, Gap evidence 1, Eul evidence Nos. 1, 3, and 4 (including paper numbers, and the purport of the whole statement, rule of experience, and oral argument
B. According to the facts of the recognition as the basis for the liability for damages, the driver B of the Plaintiff’s vehicle is a driver of the Plaintiff’s vehicle on duty, and when the passenger gets off the vehicle, he is negligent in performing his duty of care to ensure the safety of the vehicle by stopping at a safe place on the platform or on the right side of the road, and by checking whether there is a stove or a bicycle going behind, etc., and to ensure that the passenger gets off and off the vehicle. Since the bicycle driven by the Defendant is approaching the bicycle, the Plaintiff, the insurer of the Plaintiff’s vehicle, is liable for the damages suffered by the Defendant due to the instant accident.
C. On the other hand, when examining the circumstances of the instant accident, the vehicle door will be the front door of the vehicle where the Defendant, while driving along a bicycle on the side while standing on the side.